Idaho Premises Liability Lawyer
Were you injured due to dangerous conditions on someone else’s property? In Idaho, property owners owe a duty of care to legally invited parties. Properties must be kept free from known or foreseeable hazards to keep others safe. When owners are negligent, it can lead to injuries, pain, and suffering.
If you were injured due to someone else’s negligence, you have a right to pursue compensation for your injuries and losses.
What Is a Premises Liability Claim?
A premises liability claim is a legal claim filed by someone who suffered an injury or accident while lawfully present on someone else’s property. If the property owner failed to maintain reasonably safe conditions or acted negligently, they can be held financially liable for damages.
Idaho property owners are not automatically responsible just because an accident happens on their property. Liability revolves around proving the property owner was aware of a hazard but failed to address it. An Idaho personal injury lawyer can evaluate your case to tell you if you have a valid claim.
Proving Negligence Against Idaho Property Owners
Property owners may be found negligent if their carelessness, failure to address known hazards, or disregard for safety directly causes injury to someone lawfully on their premises.
Some examples include:
- Wet or slippery floors – Failing to quickly clean up spills, leaks, or tracking of rain/snow can lead to dangerous conditions. Lacking posted warning signs compounds risks.
- Poor lighting – Insufficient interior or exterior lighting on walkways, stairwells, building entrances/exits, or parking lots creates visibility issues that could lead to falls.
- Lack of handrails – Neglecting to install graspable handrails along stairs or steps makes falls more likely if people lose their balance or footing. This shows a disregard for safety.
- Inadequate security – If building/property access is not controlled and monitored properly, it enables foreseeable criminal acts like assaults, batteries, and robberies to injure lawful visitors.
- Debris, clutter, or obstructions – Allowing boxes, supplies, tools, or unused equipment to litter hallways and exits, block emergency/fire exits, or cover hazards can directly cause injury during emergency evacuations.
In premises liability law, property owners shoulder clear duties to identify and eliminate dangerous conditions or code violations that place people at unreasonable risk of harm on-site. Breaching this responsibility is negligence.
Premises Liability Laws in Idaho Explained
Idaho has adopted comparative negligence principles in premises liability cases. This means if an injured person is partially at fault for their injuries, any damages awarded will be reduced by their percentage of fault.
The duty of care a property owner owes in an Idaho premises liability claim depends on whether the injured person is a trespasser, licensee, or invitee. To hold a property owner liable, you must prove the danger was known or reasonably foreseeable to the owner, enough to require corrective action.
If a dangerous condition is “open and obvious” under the objective common knowledge doctrine, the property owner may not be liable since people should reasonably recognize the hazard themselves.
How Much Is an Idaho Premises Claim Worth?
There is no standard or average dollar value award for Idaho premises liability cases. Potential compensation values cover a wide range based on case specifics, including the nature and severity of the injuries. More serious injuries with longer-lasting impacts can warrant higher damages.
In one case, we secured a $75k settlement for a slip and fall accident that happened when our client slipped on an icy sidewalk while leaving a restaurant. At the beginning of the case, the at-fault party denied fault. We were able to reach a settlement after proving the city had an ordinance that required snow and ice to be cleared, which the property owner did not follow.
Who Can Claim Premises Liability in Idaho?
If they were harmed due to unsafe property conditions, the following categories of people may have legal standing under Idaho law to pursue premises liability injury compensation:
- Invitees – Customers, clients, and paying guests on a property for business purposes have strong premises liability rights as “invitees.” Retail patrons, hotel guests, and concert attendees qualify as invitees.
- Social guests – Nonpaying visitors who have permission to be on a residential property for social purposes can claim premises liability as “licensees” with slightly reduced rights compared to invitees.
- Delivery workers – Service personnel like mail carriers, food delivery, and maintenance workers lawfully on a property may file liability suits if injured by hazards while performing professional duties.
Trespassers have very limited premises liability standing in Idaho, requiring proof of deliberate intent to harm from the property owner. All other lawful visitors should have viable injury claims if the property owner failed reasonable care duties.
How Idaho’s Fault Laws May Affect Your Premises Liability Claim
Idaho follows principles of modified comparative negligence in personal injury cases such as premises liability. This means an injured person’s potential compensation can be reduced based on their percentage of fault for the incident if they are partly to blame.
If an injured person is 50% or more at fault for their own injuries, they cannot recover any damages in Idaho. However, if your fault or negligence is 49% or less, your claim may still be viable, but the recovered compensation will be reduced by your percentage of fault.
Comparative fault arguments often focus on “failure to maintain proper lookout” of surroundings and whether a hazard was “open and obvious” enough to be reasonably noticed. Idaho premises liability attorneys can argue comparative fault issues to minimize any reduction to your compensation and maximize recovery.
Damages You Can Recover in an Idaho Premises Liability Claim
Injured victims of accidents caused by unsafe premises in Idaho can potentially recover several compensation categories, including:
- Medical expenses – All past and future estimated bills for hospital stays, emergency care, surgery, rehabilitation treatments, medications, transportation costs to appointments, and assistive devices like wheelchairs or crutches can be claimed.
- Lost wages – Compensates victims for any income lost from being unable to work for a period of time during recovery from their premises injury. Supporting payroll documentation is key.
- Loss of earning capacity – Reimburses victims for lower future earnings if premises injuries produce lasting impairment or disability that reduces prior earning power.
- Pain and suffering – Compensates for both physical discomfort from injuries as well as emotional distress related to trauma and permanency of harm.
- Disfigurement – For injuries that result in prominent scarring, loss of limbs or bodily function, disfigurement awards for diminished quality of life are appropriate.
- Wrongful death – In the event of a fatal injury, surviving family members can recover funeral costs and lost support/guidance in a wrongful death claim.
To learn more about the damages you can potentially recover in an Idaho premises liability case, contact us online or call 844-SARGENT. A member of our team can answer your questions about filing a claim.
Filing a Premises Liability Claim When a Child is Injured on an Idaho Property
When a minor child is injured on someone else’s property, they can claim negligence through their parents or guardians, even if the child was trespassing at the time, though there may be issues of comparative fault that can lower compensation.
This is because, under Idaho’s age of accountability laws, children are legally unable to be negligent themselves in injury claims. So landowners carry more responsibility to protect minors from dangers.
How Long You Have to File a Premises Liability Claim in Idaho
Under Idaho Statutes § 5-219, you generally have two years from the date of a premises liability accident to file a lawsuit against the responsible property owner. The clock starts running on the day the accident that caused the injuries happened.
Only very limited provisions exist to pause or “toll” the deadline. Victims should not delay in beginning the process of documenting evidence, identifying liable parties, and consulting a premises liability attorney in Idaho.
Types of Premises Liability Accidents You Can File a Claim for in Idaho
There are many types of premises liability claims in Idaho. These are some of the types of accidents that may warrant a premises liability lawsuit:
- Slip and fall – One of the most prevalent claims. Involves injuries from trips, slips, and falls due to wet floors, uneven surfaces, loose carpeting or stairs, poor lighting, etc.
- Inadequate security – Seeks damages related to muggings, assaults, shootings, stabbings, rapes, and other crimes resulting from negligent security practices by property owners.
- Accidents caused by clutter or debris – Claims damages for injuries resulting from excessive boxes, supplies, tools, unused equipment, and other clutter creating tripping and navigation hazards.
- Swimming pool accidents – Injuries occurring due to lack of fencing/enclosures around pools, absence of warning signs/depth markers, slippery deck surfaces or related to diving board safety and maintenance issues.
- Dog bites – Seeks compensation for dog bite wounds occurring because a property owner failed to restrain or contain a dangerous dog properly per leash laws or that exhibited prior aggressive behavior.
- Poorly maintained property – Claims due to rotting stairs and railings that collapse, unstable floors, broken sidewalks/steps, falling awnings/fixtures that strike someone or crumbling ceilings/walls made of defective materials.
- Ski resort accidents – Injuries caused by collisions with unpadded lift poles, improper course markings or signage leading to falls, overcrowded slopes and trails facilitating collisions between skiers, lack of visibility on trails maintained, and ski lift accidents.
The scenarios are vast, but most premises claims tie directly back to property negligence in maintaining reasonably safe premises free of known, preventable hazards.
What to Do if You Are Injured on an Idaho Property
If you suffer an injury on someone else’s property in Idaho, it’s important to take these steps:
- Seek medical attention – Even if an injury seems minor initially, get medical documentation of the incident. Undocumented injuries negatively impact claims.
- Document the accident scene – Take photographs and video depicting hazards like liquids on floors, dim lighting, debris, damaged sidewalks, etc., that may have caused the incident.
- Get contact info for witnesses – Obtain names and statements from anyone who saw the accident occur. Their accounts can help prove liability later.
- Report incident details – File an accident report with the property owner/manager detailing where, when, and how the injury occurred. Request a copy for your records.
- Keep related receipts and records – Retain itemized medical bills, pharmacy invoices, pay stubs for lost wages, etc. to support financial losses claimed later.
- Stay off of social media – Even if your social media accounts are private, the liable party’s attorneys may still be able to access information that could damage your claim.
- Consult an attorney – Contact an experienced Idaho premises liability attorney to understand your legal rights and options for pursuing compensation.
Proper evidence gathering immediately after a preventable accident smooths the process for demonstrating negligence and damages down the road, should legal action become necessary. Don’t delay taking action.
Get a Free Consultation With an Idaho Premises Liability Lawyer
You didn’t expect to be injured on someone else’s property, but if it happened, you have rights under Idaho law. The Idaho premises liability lawyers on our team will fight to protect them.
We care about our clients and are committed to seeking maximum compensation. You can read our client testimonials to learn more about the service you can expect when you work with the team at Sargent Law.